Bid to make investigation and judicial process time-bound
NEW DELHI: Aiming to ensure faster disposal of exam paper leak cases, govt has proposed a three-month deadline for respective high courts to dispose of appeals against orders of special fast-track courts, unlike other cases where no such fixed timeline for deciding appeals exists. This converts an open-ended investigation and judicial process into a time-bound one.According to the Public Examinations (Prevention of Unfair Means) Amendment Bill circulated to Lok Sabha MPs Saturday, individuals, service providers and organised gangs involved in paper leaks would face longer jail terms, steeper fines, and time-bound investigation and disposal of trials and appeals.
What changes in New Bill
As per the bill, which would be introduced in Lok Sabha Monday, the minimum jail term for offences committed by individuals, as well as directors, senior management personnel or persons in charge of service providers conducting public examinations, has been increased to five years.
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In cases involving organised crime, the minimum imprisonment has been proposed at seven years from the current provision of five years. In all these cases, the maximum jail term would be 10 years.For speedy investigations, the bill proposes govt may constitute a central investigation agency or a special task force (STF). Where an STF has been constituted, it would carry out the investigation. The bill also seeks to insert a new provision mandating that every investigation be completed within two months. The bill provides for day-to-day proceedings and empowers states to establish special fast-track courts in consultation with the chief justice of the respective HC.It mandates that such trial proceedings shall continue until all witnesses in attendance have been examined. These courts would be required to dispose of cases within three months from the date of filing of the chargesheet. All pending trials will be shifted to the special court, and these must also be disposed of within three months.It proposes that any appeal against an order of a fast-track court shall be heard by a division bench of HC. It proposes that every appeal be filed within 30 days from the date of the fast-track court’s order and not after a maximum of 90 days under any circumstances.
